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Case C-265/23, Volieva: Judgment of the Court (Sixth Chamber) of 11 July 2024 (request for a preliminary ruling from the Okrazhen sad – Sliven – Bulgaria) – Criminal proceedings against DM and Others (Reference for a preliminary ruling – Judicial cooperation in criminal matters – Fight against organised crime – Framework Decision 2008/841/JHA – Right to an effective remedy and to a fair trial – Articles 47 and 52 of the Charter of Fundamental Rights of the European Union – Second subparagraph of Article 19(1) TEU – Excessive length of the pre-trial stage of the criminal proceedings – Substantive infringements of procedural rules, but which are capable of being remedied, affecting the indictment – Right of the accused person to have the criminal proceedings against him or her brought to an end)
ECLI:EU:UNKNOWN:62023CA0265
62023CA0265
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Official Journal of the European Union
C series
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C/2024/5202
(Case C-265/23, Volieva)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Fight against organised crime - Framework Decision 2008/841/JHA - Right to an effective remedy and to a fair trial - Articles 47 and 52 of the Charter of Fundamental Rights of the European Union - Second subparagraph of Article 19(1) TEU - Excessive length of the pre-trial stage of the criminal proceedings - Substantive infringements of procedural rules, but which are capable of being remedied, affecting the indictment - Right of the accused person to have the criminal proceedings against him or her brought to an end)
(C/2024/5202)
Language of the case: Bulgarian
Referring court
Parties in the main proceedings
DM, AV, WO, AQ
intervening party: Okrazhna prokuratura – Sliven
Operative part of the judgment
Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime and, in particular, Article 4 thereof, read in conjunction with Articles 47 and 52 of the Charter of Fundamental Rights of the European Union, and with the second subparagraph of Article 19(1) TEU,
must be interpreted as not precluding national legislation which removes, in the course of criminal proceedings brought against an accused person, the right of that person to have those proceedings brought to an end where substantial infringements of procedural rules affecting the indictment, but which are capable of being remedied, have not been remedied.
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ELI: http://data.europa.eu/eli/C/2024/5202/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Bulgarian.